Probate is needed after death to ensure that the deceased’s assets are distributed properly, meaning that the process follows all relevant laws and that the deceased’s wishes (if known) are carried out. If there are disagreements, a judge will step in to make decisions.
An Orlando wills, trusts, and probate lawyer from our firm can represent you throughout the probate process.
What Is the Probate Process Like?
The deceased’s personal representative must follow these steps during probate:
- File the will and a Petition for Administration with the appropriate court (generally the probate court in the county where the deceased resided)
- Wait for the court to review the will and, if they approve it, to give you permission to move ahead to the next step
- Notify the deceased’s creditors so they can file a claim with the estate to recoup whatever money they are owed
- Document the deceased’s assets, including what they are and how much they are worth
- Pay any taxes owed on the deceased’s estate
- Distribute assets to each of the beneficiaries named in the will
Completing all of these steps can take a while, especially if there is any doubt or confusion about the deceased’s will. If the deceased did not leave a valid will or any will at all, the process will certainly take much longer.
What Is the Purpose of Probate?
Probate ensures that the deceased’s wishes, as set out in their estate plan, are carried out. It also makes sure that the estate is settled in accordance with state law and that anyone who is owed money gets what they are entitled to.
If there are disagreements over who should get what, probate gives the beneficiaries a chance to argue their cases and have a judge make the final decision.
While there is logic to the necessity of probate after death, family members who have lost a loved one understandably just want to get through the process as fast as they can. Hiring a lawyer can take much of the burden off your shoulders.
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Can You Raise Questions or Contest a Will During Probate?
Yes, probate is the time when you or another beneficiary has the right to express doubts or concerns with the will as submitted. You may be concerned if:
- The will suddenly seemed to “appear” from nowhere
- You were told to expect a certain inheritance, but the will makes no mention of it
- Certain assets seem to be missing
- Your loved one had dementia or another condition that might have affected their ability to legally create a will or made them susceptible to undue influence
A lawyer can review the will and the circumstances under which it was written or filed to determine if you have grounds to contest it. If you do, we can argue your case in court and fight to do right by both you and the deceased.
What Is the Best Way to Avoid Probate?
There are ways to avoid probate on some or all of your estate. Which of these ways is the “best” depends on your goals and your situation.
One common method of avoiding probate is through trusts. For instance, a revocable trust allows you to avoid probate by transferring your assets to a trustee. Since you no longer have control of those assets, they are no longer part of your estate and do not have to go through probate.
In addition, some assets may be automatically exempt from probate. Still, you do not want to do anything with potentially exempt assets (e.g., sell them off) unless you are absolutely sure they are not subject to probate. A lawyer can tell you which assets are exempt and what you are permitted to do with them.
Do You Need a Probate Attorney?
The probate process can be extremely complicated and take a long time to complete. You will be expected to meet strict deadlines and file all of the correct paperwork on time, even as you are still mourning the loss of a loved one.
For these reasons, it is generally best to at least consult with a probate lawyer and:
- Ask them questions about the probate process
- Find out what experience they have with probate
- Get a sense of what they can and cannot do for you during probate
- Decide for yourself if you think a lawyer’s services will be of help
An experienced lawyer can explain your rights and obligations under Florida’s probate laws.
What Does a Probate Lawyer Do?
From the moment you hire our law firm, we take care of all legal tasks required to keep the probate process moving. This includes filing documents and notifications, assessing the deceased’s estate, and even delivering arguments in front of a judge if necessary.
With legal representation, you would have more time to focus on what really matters—your family and the grieving process—while a professional ensures that you get through probate as quickly as possible with no undue stress or confusion.
What Happens After the Probate Process Is Finished?
Probate is not complete until all creditors have been paid, all taxes have been paid, any disagreements between beneficiaries have been addressed, and all beneficiaries have received their share of the estate.
At this point, the deceased’s estate is considered settled. You will have received the assets your loved one wanted you to have, and your family will establish a new normal as you move forward with your lives.
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Our Probate Attorneys Can Guide You Through This Painful Process
Even when probate goes smoothly, the process is hard for families. An attorney can help you get through it without undue delays or disputes.
Learn more about why probate is needed after death and how an attorney can assist your family by calling Bogin, Munns & Munns today.
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